Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “City of Modesto”

Peeling the onion would be another way to describe what this series of stories is going to attempt to do. Like layers of an onion some will be longer and some shorter but hopefully they will provide insight to what is going on down at 1010 10th st., City Hall

At the end of January we heard Modesto Mayor Ted Brandvold express disappointment that Wood Colony didn’t inform him they were setting up a MAC (Municipal Advisory Council). He made it sound like he was completely blindsided. Could this have been true?

Possibly, but I sincerely doubt it. You see I’m sitting here looking at an email from Cynthia Birdsill, City of Modesto-Community & Economic Development, dated September 26,2013 that says “FYI, the County has been meeting with Wood Colony to possibly create a MAC.” This email was sent to City Manager Jim Holgersson and Brent Sinclair.

Now it’s within the realm of possibility that Ted wasn’t told by all three members of City staff…but…I’m looking at another email that’s from Land use attorney George Petrulakis three hours and thirty four minutes later and he’s been reading the MAC proposal and is commenting to Cynthia Birdsill, Patrick Kelly, Steve Mitchel, and Brad Wall.

With all of those people in the loop it would be doubtful that the Mayor would not be told by someone on City Staff. But it gets better. For those not following local politics when it comes to the Mayor, you get two for one. First is George Petrulakis, the Ventriloquist and Ted Brandvold is the puppet on his lap. George’s hands up Ted’s backside move and Ted’s mouth opens and closes. George knowing about the MAC proposal makes it a foregone conclusion that Ted knows all about it.

So why was our Mayor being so disingenuous? It’s all about public perception. Ted plays the affable elderly gent quite well. And George wants to lull Wood Colony with a false sense of security.

Mayor Ted Brandvold and those who funded his campaign in the developer community are ready to place their grand plan for expansion in motion. They’ve already announced their intentions to lower building impact fees to developers which won’t lower prices to consumers but will pad the pockets of developers. Then in their minds the next logical step is to try to steal land that Wood Colony and Salida have been trying to protect. Developers have been placed on the Alliance Board of Directors and the Modesto City Council to assure us this is the best course, but since these same developers own properties in these areas, Bill Lyons and Modesto Councilman Mani Grewal in Wood Colony and Dr.Stephen Endsley in Salida, how can we expect them to do anything other than to provide support to their own cause.

Obviously they can’t be trusted but who will stop them? The money behind Brandvold’s election campaign owns and or controls property outside of Modesto so infill is just given lip service. Endsley, who when heard of last was intent on building a garbage burner on Modesto’s south side, has been itching to develop his property north of Kiernan inside the Salida plan. And Mani Grewal and Bill Lyons own property in the Dakota triangle and so Brandvold and his supporters want to ignore the many people that spoke to the Modesto Planning Commission and go back to the good old days where developers rule. just like they did during the Village 1 debacle. It will be no surprise to see City Staff finding reasons to support the developers cause because, after all, they want to keep their jobs.

Expect the same people that wanted to sell our water to San Francisco like the Chamber’s Janice Keating and Chamber lobbyist Cecil Russell, to tell the public how this will save Modesto and bring quality jobs. Except Lyons wants to build retail, which provides minimum wage jobs, Cecil waxes almost poetically about warehouse jobs in the Chamber’s monthly magazine and Endsley just craves action. After the good doctor received his check from MID’s ratepayers for $1.2 Million for not building his garbage burner, he’s been after Salida’s zoned business park which curiously enough surrounds Gregori High School. We’ve even documented where Union Bank is fronting for Ryan Swehla and Benchmark in the sale of property north of Kiernan.

Recognize any of these names? Craig Lewis, Brad Hawn, Chris Murphy, George Petrulakis, Tom Nielsen, Ron Jackson, Dennis Wilson, Chris Esther, Kole Seifkin, Ron Ehrke, Mark Buckley, Warren Kirk, Steve Madison, Jim Mortensen, Jeff Burda, Randy Clark, Linda Sadler, Becky Meredith, Bill Zoslocki, Joan Clendenin, Steve Rank. They’re all members of the Chamber land use and Transportation Committee. Expect to see any and all of these people coming out in the near future in favor of not only reverting back to old land use plans but for a massive, expansive, land grab. Many of these same people already spoke in front of the Planning Commission in favor of extending Modesto’s sphere of influence all the way to the river to our West and North. Nothing like building homes on some of the worlds richest and best soil for farming.

Developers even managed to place Brad Hawn on LAFCO so don’t expect organizations that are supposed to protect against SPRAWL to protect us from the developer’s greed. The voters, understandably, were frustrated by former Mayor Marsh’s policies but as we’ve already warned, we’ve jumped out of the frying pan and into the fire. Mayor Marsh and those who supported him are responsible for lighting the fuse and will now act surprised that the developers’s power keg of GREED and SPRAWL goes off.

And what will the rest of Modesto’s City Council do? Our guess is hey’ll admire the Emperor’s new clothes.

When a politician tells you what something isn’t they’re telling you exactly what it is. Talking about Modesto considering to give Modesto Neighborhoods Inc $900,000 Modesto Councilman Doug Ridenour was quoted as saying “This is not a power grab, this is not a money Grab.” Now you know exactly what it is.

Modesto’s history of keeping track of public funds is atrocious. Consider our track history of NSP2 or Neighborhood Stabilization and Preservation funds. Ryan Swehla created Trinity Ventures and received the lions share of the millions of dollars in grant money. Then former City Councilman Joe Muratore, Swehla’s real estate business partner, had to return $68,000 or be charged with a felony by the feds for his participation.

Then there was SCAP and Joe Gibbs who took public money for rebuilding homes and was supposed to be renting them out to low income families. But instead placed their friends and relatives in them.

The city was supposed to be overseeing these funds but instead they went to political insiders. Can we trust our politicians with our money without watching them closely? Heck NO!

To borrow a line from Frank and Ernest, Our problem is we have too many teachable moments and not enough learnable ones.

On July 26th Modesto City Councilman John Gunderson wrote an article under Community Columns John Gunderson: Clear thinking needed on Salida annexation issue where he makes several dubious and completely wrong claims. Now we can’t tell you if just can’t comprehend what he reads or is just being malicious. What we can say is when he relayed his columns to fellow council members, staff and others (yes the result of a public record request) where he claims to have done the research himself. The above photo is the Councilman’s ‘official’ picture. The below one is the one he posted of how he see’s himself on facebook.

Unfortunately Councilman Gunderson has been wrong on this issue for a long time but to make specious claims he says he researched? well here is Katherine Borges’ response in its entirety. Her original post

John Gunderson’s new profile pic of “me”. Which ironically (and eerily) looks just like my cat.

Well folks, Modesto City Councilman John Gunderson is at it again. I must really crawl under that guy’s skin because he can’t seem to go a week without a Facebook post on Salida. This week, he regurgitated an e-mail I wrote to the council in June regarding a tip I received from a Salidan that Modesto had hired a consultant to help them annex Salida.

My cat. Rescued as a kittenfrom the intersection of Woodland & Carpenter.

While both Mayor Marsh and city planner, Patrick Kelly replied that the city didn’t hire Keith Bergthold as an annexation consultant, there’s something still amiss here. Why would Bergthold tell his Fresnan friend that he had an eighteen month contract otherwise? Perhaps it was just being bandied about and was all verbal at that point? Either way, its DOA now because the city can’t very well go and hire him after denying that they hadn’t. And how effective would he be with any kind of collaboration building with Salida? (Yes, that’s a rhetorical question.)

Councilman Gunderson can’t help but crank up the old propaganda machine starting right in the second sentence with, “Think the Goodwin Study would have been enough, the annexation concept was proven to be a bad idea.” First of all, anyone want to wager that Councilman Gunderson has NOT read nor thoroughly examined the Goodwin Study? Because if he had, he would know it shows that Modesto would stand to rake in $22.8 million a year in revenue in annexing Salida at full build out of the Salida Community Plan. How does that prove the annexation concept is a bad idea? And if it wereproven to be a bad idea, then why is Modesto keeping Salida in their general plan? Councilman Gunderson wrote in his community column just two weeks ago that, “…the majority of the Modesto City Council feels (annexation) is still a possibility“. And he says I have “nothing to worry about???”

And once again, the councilman nay says Salida incorporating, “Should stop worrying about incorporation for Salida as well because that can’t happen either.” I previously responded to his comment about whether or not Salida can be incorporated, but it apparently didn’t register in his brain so I’ll say it again, “Keep in mind that no one has ever applied to incorporate Salida as a city. If no one has ever tried, how does anyone know whether or not it can be done?“

Available land in Beard Industrial Park

What he also doesn’t seem to comprehend is only supplying water in exchange for land -IS- extortion when you supply water to other areas without forcing them to turn over their land! To put it into language he’ll understand, its known as an “out-of-boundary service agreement” and the council approves them all the time. And once again, I’m going to call him out on his double standard for trying to justify water extortion by saying “Modesto ratepayers deserve better” when Beard Industrial’s sweetheart deal costs ratepayers and the city millions upon millions each year. The city of Modesto supplies both water AND sewer to Beard without annexing the land. (Read more about Beard)

Lastly, Councilman Gunderson said, “Modesto’s water should be leveraged for the best possible outcome that helps pay for services for residents of Modesto proper, not the surrounds.” When the City of Modesto purchased the Del Este Water Company in the mid-1990’s, they took over the existing wells and infrastructure in Waterford, Grayson, Del Rio, part of Turlock and Salida. So technically, they bought Salida’s (et al) water so its not “Modesto’s water” he wants to “leverage” to begin with. Our water comes primarily from wells in Salida so he wants to leverage our own water against us! Additionally, development occurs in all of those other former Del Este served communities and yet, Modesto does not “leverage” the water by extorting land from them; except in Salida.In case you were wondering why Councilman Gunderson is so fixated on Salida its because if Salida were annexed, we would be assimilated into his district. That’s right, we would be the constituents of a man who feels water extortion upon us is justified because the majority Modesto residents in his district “deserve better” than the Salidans.

“The propagandist’s purpose is to make one set of people forget that certain other sets of people are human.” – Aldous Huxley

Stay tuned for more “fun” from Cat and Gundy…at some point in the next 7 days – –________________________________________________________________

More fun from “Cat”. Think the Goodwin Study would have been enough, the annexation concept was proven to be a bad idea. Catherine has nothing to worry about on that. Should stop worrying about incorporation for Salida as well because that can’t happen either. Refusing City of Modesto water for new development within the Salida TPA… refusal is extortion? Modesto ratepayers deserve better than that. Modesto’s water should be leveraged for the best possible outcome that helps pay for services for residents of Modesto proper, not the surrounds. Development outside of a city’s limits is a losing proposition because of the State’s mandated property tax distribution scheme.

salidakat@Sent: Wednesday, June 04, 2014 12:48 PMTo: COUNCIL; Brad Wall; Patrick Kelly; Terry Withrow; Vito Chiesa; Dick Monteith; Jim DeMartini; Bill O’Brien; Marjorie Blom; George PetrulakisSubject: SALIDA ANNEXATION CONSULTANTTo the Modesto City Council:I received the following from a Salidan today, “My father lives in Fresno and is friends with a man named Keith Bergthold. Keith told my dad he was hired by the city of Modesto to see what can be done about annexing Salida.”I’ve met Mr. Bergthold at the Carpenter’s Church General Plan presentation in May and I also attended the April Stanislaus Community Foundation breakfast that was connected with Fresno Metro Ministries.So you can fire Mr. Bergthold because HELL WILL FREEZE OVER before you ANNEX SALIDA or the Kiernan Corridor! Get that through your thick skulls!! How many different ways and from different people do you need to hear that before it sinks in?!? It doesn’t appear that turning out hundreds of people to voice that works since both Salida and Wood Colony have done that!!I’ve told you once if I’ve told you a thousand times, we are willing to work with you if you want to develop the Kiernan Corridor (although I don’t know why since you are so IMPOSSIBLE, OBSTINATE and DYSFUNCTIONAL about our communities) BUT YOU’RE NOT GOING TO JUST TAKE SALIDA NO MATTER WHOM YOU HIRE!!! Your status quo land grab days are over!!! Get a clue!!!Since you have a contract with Mr. Bergthold, why don’t you have him use his remaining time in educating you about “build up, not out”. Fresno has done well with that. Look around their Kaiser Hospital and then look around Modesto’s. And in the meantime, LEAVE SALIDA and WOOD COLONY ALONE you greed-driven sellouts!!!Very sincerely,Katherine Borges

On Wed, Jun 4, 2014 at 1:53 PM, Garrad Marsh wrote:Katherine,You are wrong about Mr. Bergthold being hired by the city. Mr. Bergthold has not been hired (or to my knowledge even contacted) by any City of Modesto employee or elected.Garrad

From: Katherine Borges [mailto:salidakat@Sent: Wednesday, June 04, 2014 2:02 PMTo: Garrad MarshCc: COUNCIL; Brad Wall; Patrick Kelly; Terry Withrow; Vito Chiesa; Dick Monteith; Jim DeMartini; Bill O’Brien; Marjorie Blom; George PetrulakisSubject: Re: SALIDA ANNEXATION CONSULTANTMr. Mayor,WHO hired him then? I was told he has an 18-month contract. Emerson has filed a public information request with the city. Even if it turns out that you’re right and the city has nothing to do with it, then you need to find out who working to annex Salida on your behalf. I want nothing to do with this man and will not contact him. His e-mail is: Keith.Bergthold@Katherine

On Jun 4, 2014, at 2:47 PM, “Patrick Kelly” wrote:This is to confirm that the City did not hire Keith Bergthold. Keith represents Fresno Metro Ministries and has volunteered his time to work with Stanislaus Community Foundation to look at asset based community development. At Keith’s request, the City presented the General Plan Amendment proposal at a community workshop (hosted by Metro Ministries) held on May 8, 2014, intended to inform the public about Modesto’s General Plan Amendment currently underway. At Keith’s request, the workshop also included a presentation by Carlos Yamzon, Executive Director with StanCOG about the 2014 Regional Transportation Plan / Sustainable Communities Strategy. The intent of the presentation format was to share with the public Modesto’s General Plan Amendment proposal in context of StanCOG’s regional plan.Patrick Kelly, AICP

Thank you Patrick. I have no idea where such false assertions mentioned below with respect to the City of Modesto and Salida or contracts with the City might originate. I have been volunteering with various groups in Modesto, Fresno, Madera, and Kern around community building for healthy people and healthy places – which is a regional initiative and goal of Fresno Metro Ministry. Please have people contact me directly to confirm my activities and intent. Thank you again for sharing this information. Regards, keith

In our opinion a small cabal of greedy people have taken over the Modesto Chamber of Commerce in the last eight to ten years. They run candidates who promote their agenda, many times to the detriment of Modesto citizens. From Tom VanGroningen, Glen Wild, and Jim Mortensen on MID Board to Stephanie Burnside and Dave Cogdill Jr. on the City Council, we’ve helped in the attempt to fight off their influence and it’s one more time into the breach my friends.

Herein the picture are some on the people behind the land grab. And this is the list of names of the Transportation Committee which comprises many of the other plotters. Modesto Chamber of Commerce – Land Use & Transportation Committee Craig Lewis, Brad Hawn, Chris Murphy, George Petrulakis, Tom Nielsen, Ron Jackson, Dennis Wilson, Chris Esther, Kole Seifkin, Ron Ehrke, Mark Buckley, Warren Kirk, Steve Madison, Jim Mortensen, Jeff Burda, Randy Clark, Linda Sadler, Becky Meredith, Bill Zoslocki, Joan Clendenin, Steve Rank And of course the Chamber’s head lobbyist Cecil Russell. If you know any of these people feel free to contact them and register your disapproval.

It’s difficult to expect an open mind from Councilman Bill Zoslocki when he was part of the problem. Little wonder he was being so condescending and speaking like a preschool teacher to their charges. But what is the connection you ask? It goes back to the Village I debacle where developers and the Chamber used their considerable influence to lower building fees which allowed developers like Bill Zoslocki to receive excess profits (in other words become profiteers), but now Councilman Zoslocki is working for Craig Lewis at his branch of Prudential Real Estate. Their constant lament during the Planning Commission presentations/workshops was there wasn’t enough commercial land for THEMto sell. Like we owe them a living and should take/steal land from others and make it available to them. Just how self-entitled can you get?

Brad Hawn (on the lower right) is a former city councilman who the Chamber worked behind the scenes to get placed on LAFCO (Land Formation Commission) which will eventually get to decide if the annexation will go through. Jim Mortensen, a failed MID candidate, was helping the Chamber promoting the water sale to San Francisco and is/was actively promoting the land grab.

George Petrulakis (second from the right) is a land use attorney who wrote most of the Modesto Charter and helped ensure clauses like the one Marsh misused to keep the public from speaking out at city council meetings as the Brown Act allows. Fortunately one of our contributors quoted the case on point (Friant Water Authority v. County of Madera) and eventually the Mayor relented and allowed those who spoke at the Dec.3rd meeting to speak again. Unfortunately if was after many had already gone home. George’s boss from Keystone Development spoke at the meeting to promote the land grab. George’s claim to fame, along with writing the Modesto City Charter, was with Keystone where he threatened to sue Patterson and then he was behind a petition to create a zoning czar in Patterson who would NOT be accountable to the city council just because of a zoning disagreement. He’s one land use attorney we need to keep an eye on.

Of course we can’t overlook the Chambers head lobbyist Cecil Russell especially since Cecil was actively promoting the water sale to San Francisco along with Keating. He and former Modesto Councilwoman Janice Keating, also from the Chamber, are basically speakers for hire and will say almost anything at any time for a payday.

In order to fight fire with fire we suggest a flyer be made and spread around town to businesses who are Modesto Chamber members. The flyer would request support from Modesto shoppers with the goal of saving Wood Colony and while asking the store owners for permission to display the flyer ask the owners to call the Chamber and request they cease and desist.

And this is just the beginning…

Here are more of the denizens of the Modesto Chamber of Commerce

Left to right: Craig Lewis, Ruben Villalobos, Brad Hawn, and of course the lobbyist Cecil Russell.

We’ve been asked to make inquires about Dryden Golf Course. The origin of the course and concern about funding attached to it. The following is the response we received from the city. We will be scheduling time in the immediate future to peruse the mentioned documents.

We are extremely appreciative of the time and effort the City Clerk, Stephanie Lopez and her staff with a special mention to Cathi Erbe, have put in to help us with our information quest.

Mr. Drake,

Research to fulfill your public records request has been completed. All paperwork for the acquisition of the land for Dryden Golf Course has been gathered. Land was also obtained from Kenneth H. Durand and Gladys S. Durand, so these documents have been included. Documentation for this was very old and rather fragile and could not be scanned, so paper copies are available. You are welcome to look thru them, and only pay for the ones you want. If you take the entire stack, the total for 173 pages would be $17.30.

Federal funds were not used for the acquisition of the property. The only reference that could be found to connect Dryden Golf Course and federal funding was back in 1997 when there was a flood. Resolution 97-677 (A Resolution Authorizing Staff to Submit a Flood Disaster Relief Application to the U.S. Department of Housing and Urban Development for Disaster Relief Initiative Funds) contains an attachment that says “The City also hopes to receive an additional $587,096 FEMA reimbursement for damage done to the City-owned Dryden Golf Course”. Resolution 98-161 amended the annual budget to include the supplemental CDBG allocation for the HUD disaster relief program. The $650,426 that was awarded was the amount that was requested to be used for the residential parcels on the south side of Hillside Drive, and that’s where all the funds were applied.

There has been only one green fee increase, on July 1, 2004, where $1.00 per 18-hole round was to be dedicated to the golf fund reserve (not specifically Dryden) for capital improvements. The “transfer” of this dedicated capital money has since stopped because of the decrease in green fee revenues and their inability to cover operating expenses.